Evictly

Del Vecchio v Harihar

Tenant wins · Toronto · 2024-09-06

Adjudicator
Robert Brown
Dispute
Bad Faith Eviction
Notice
Personal use (N12)
Amount
$5-10K
Landlord
V.H., M.D., T.F.
Tenant
D.D.V.

What happened

Tenant applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served the Tenant with an N12 notice to terminate the tenancy for the Landlord's own residential use. The Tenant later discovered that the Landlords did not move into the unit and instead rented it out for short-term rentals.

The ruling

The Tenant proved the Landlords served the N12 notice in bad faith. The Landlords did not move into the unit and instead rented it out for short-term rentals. The Landlords must pay the Tenant $5,015.66, which includes a rent abatement of $4,967.66 and the application filing fee of $48.